Document Content

DECREE No. 157/2005/ND-CP OF DECEMBER 23, 2005, PROVIDING A NUMBER OF REGIMES TOWARDS PUBLIC EMPLOYEES WORKING FOR A GIVEN TERM AT OVERSEAS VIETNAMESE MISSIONS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the February 26, 1998 Ordinance on Public Employees and the April 29, 2003 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Public Employees;

Pursuant to the December 2, 1993 Ordinance on Overseas Representative Missions of the Socialist Republic of Vietnam;

At the proposal of the Minister of Foreign Affairs, the Minister of Home Affairs and the Minister of Finance,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope and subjects of regulation

This Decree provides the regime of cost-of-living allowance, other allowances and subsidies; the regime towards diplomats' spouses and several other regimes towards public employees who work for a given term at overseas Vietnamese missions, including the Socialist Republic of Vietnam's overseas representative missions defined in the December 2, 1993 Ordinance on Overseas Representative Missions of the Socialist Republic of Vietnam and other Vietnamese missions operating overseas and enjoying state budget funds (hereinafter referred to as overseas Vietnamese missions).

Article 2.- Regimes towards public employees working for a given term at overseas Vietnamese missions

Public employees shall, during their working term at overseas Vietnamese missions, have accommodation, electricity, water and fuel charges paid by the State; enjoy cost-of-living allowance, several other allowances and subsidies, and several other regimes covered by the state budget according to the provisions of this Decree; enjoy 40% of their current salaries, the leading position allowance and the allowance for extra-bracket working seniority (if any) at home; and continue paying social insurance premiums as when working at home.

Article 3.- Bases for determination of regimes towards public employees working for a given term at overseas Vietnamese missions

The regime of cost-of-living allowance, other allowances and subsidies; the regime towards diplomats' spouses, and other regimes shall be established on the basis of daily-life material and spiritual needs for fulfillment of tasks of public employees working overseas for a given term, suitable to the State's financial capability, characteristics of the foreign-affairs work and specific conditions of their working places.

Article 4.- Principles for application of the cost-of-living allowance regime

1. The cost-of-living allowance regime shall apply uniformly to public employees working for a given term at overseas Vietnamese missions at a time.

2. Holders of higher positions shall enjoy higher cost-of-living allowance indexes.

Article 5.- Fund sources for implementation

Financial sources for implementation of the cost-of-living allowance regime, allowance and subsidy regime, regime towards diplomats' spouses, and other regimes provided for in this Decree shall be included in annual state budget estimates according to the provisions of the State Budget Law and constitute part of the budgets of overseas Vietnamese missions.

Chapter II

SPECIFIC PROVISIONS

Article 6.- Cost-of-living allowance regime

1. The cost-of-living allowance for public employees working for a given term at overseas Vietnamese missions shall be set at the following 3 minimum levels: USD 400, 450 and 500/person/month.

2. The minimum cost-of-living allowance level shall be considered and raised when the consumer price index in the country where a Vietnamese mission is based increases by 10% or more or when the State's financial capability permits.

3. The cost-of-living allowance indexes applicable to overseas Vietnamese missions shall be determined according to diplomatic titles and positions of public employees at Vietnamese missions and domestic salary co-efficients.

The cost-of-living allowance index is 250% at maximum and 80% at minimum.

4. The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and the Ministry of Finance in, specifying the minimum cost-of-living allowance level applicable to each country where a Vietnamese mission is based, and setting the tables of cost-of-living allowance indexes applicable to the following 5 subjects: diplomatic public employees; administrative and non-business public employees; defense and public security public employees; technical and logistic public employees; and spouses of these subjects.

Article 7.- Allowance and subsidy regime

1. Ambassadors and heads of overseas Vietnamese missions who are assigned by competent Party or State authorities to perform part-time tasks in other countries or at international organizations in other countries shall enjoy a working place-based part-time allowance not exceeding 15% of the minimum cost-of-living allowance level.

2. Where there are not enough public employees on approved payrolls at overseas Vietnamese missions, public employees who are assigned by competent authorities to perform part-time tasks shall enjoy an allowance not exceeding 15% of the minimum cost-of-living allowance level.

3. Public employees working for a given term in working places in wartime or hit by a serious epidemic, endangering their life, shall enjoy an allowance not exceeding 30% of the minimum cost-of-living allowance level.

4. Public employees working for a given term who have to do night or overtime work may be arranged to have days off in compensation or enjoy an overtime pay according to current regulations.

5. Women public employees working for a given term shall enjoy a monthly allowance equal to 5% of the minimum cost-of-living allowance level.

Article 8.- Several other regimes

1. Public employees working for a given term at overseas Vietnamese missions shall have the following expenses covered by the State:

a/ Expense for working clothes and essential belongings during their working term;

b/ Airfares and charge for 50 kilograms of their luggage in excess of the luggage quota upon exit from Vietnam to their working places and from the foreign countries to Vietnam at the end of their working term. Ambassadors and heads of Vietnamese representative missions shall be entitled to business-class airfares when they travel for the first time to their working places and back home at the end of their working term; when they produce credentials and make farewells in countries where they perform part-time tasks, and when they go on working trips together with host countries’ officials or trips organized by diplomatic corps. If travelling by train, they shall be entitled to first-class train carriage tickets;

c/ Insurance for medical examination and treatment in foreign countries according to current regulations;

d/ Working-trip allowances when they make working trips in host countries or to other countries according to current regulations.

2. Public employees working for a given term at overseas Vietnamese missions shall enjoy import tax exemption or reduction for their personal effects and means carried back home upon the end of their working term according to the current provisions of law (particularly, their cars shall be subject to state regulations in each period).

Article 9.- Regime towards diplomats' spouses

1. Public employees working for a given term at overseas Vietnamese missions who are first secretaries or holders of higher titles, heads of overseas Vietnamese missions who do not hold diplomatic positions, or public employees who enjoy an overseas cost-of-living allowance index equal to that enjoyed by first secretaries or holders of higher titles, shall enjoy the regime towards diplomats' spouses covered by the state budget.

2. Ambassadors' spouses shall enjoy 125% of the minimum cost-of-living allowance level; spouses of envoys, minister counselors, counselors and heads of overseas Vietnamese missions who do not hold diplomatic positions, 110%; spouses of first secretaries or public employees who enjoy cost-of-living allowance index equal to that enjoyed by first secretaries or holders of higher titles, 80%.

3. Spouses of ambassadors or heads of Vietnamese representative missions, when traveling by air to host countries to perform their assigned jobs and back home upon the end of their working term shall be entitled to business-class airfares. If traveling by train, they shall be entitled to first-class train carriage tickets.

4. Diplomats' spouses shall be entitled to the regime of insurance for overseas medical examination and treatment like public employees working overseas for a given term, and other regimes (clothes, airfare, luggage charge, etc.) according to current regulations. At the same time, diplomats' wives shall also be entitled to a monthly allowance equal to 5% of the minimum cost-of-living allowance level set in Clause 5, Article 7 of this Decree.

5. Diplomats' spouses being public employees who are paid salaries from the state budget while enjoying the regime towards diplomats' spouses at overseas Vietnamese missions shall enjoy 40% of their basic salaries currently applicable at home and may continue paying social insurance premiums.

6. Diplomats' spouses who are not public employees but have paid compulsory social insurance premiums for a certain period before going abroad may continue paying them according to the provisions of law on social insurance.

7. Diplomats' spouses being public employees, upon the end of their working term, shall be accepted to work at their former agencies and entitled to the salary-grade promotion regime applicable at home according to their managing agencies' regulations in compliance with general regulations of the State.

Chapter III

IMPLEMENTATION PROVISIONS

Article 10.- Implementation effect

1. This Decree takes effect 15 days after its publication in "CONG BAO."

The regimes provided for in this Decree apply as from January 1, 2006.

2. This Decree replaces the Government Council's Decree No. 105/CP of June 22, 1965, promulgating the regime on preferential treatment for officials and employees working overseas.

The provisions in previous documents which are contrary to those in this Decree are hereby annulled.

Article 11.- Guidance and implementation responsibilities

1. The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs, the Ministry of Finance and the Ministry of Labor, War Invalids and Social Affairs in, guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, and heads of overseas Vietnamese missions shall have to implement this Decree.

On behalf of the Government

Prime Minister

PHAN VAN KHAI